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Monday, May 20, 2013

Judge finds plea deal not just lenient but outright generous

» Judge rejects OAG's plea bargain offered to girlfriend of accused in burglary
» Woman charged as accessory to boyfriend who burglarized troop store


Superior Court Associate Judge Joseph N. Camacho has rejected a plea bargain that the Office of the Attorney General offered to a woman facing charges of accessory to the burglary and theft committed by her boyfriend at the U.S. Army Reserve Center's troop store.

Camacho found the plea deal entered by defendant Jashlie Nicole Camacho not just lenient but was outright generous.

“In the court's view, the proposed sentence is extremely generous,” said the judge in his written order issued on Friday.

Judge Camacho is known for rejecting lenient plea bargains and imposing full maximum sentences.

Under the proposed plea agreement, Jashlie Nicole Camacho seeks to plead guilty to obstruction of justice. In exchange for the guilty plea, the government will recommend no jail term sentence and defendant's criminal record will be wiped clean.

Judge Camacho said recognizing that defendant has no prior criminal convictions, the court nevertheless finds that the plea agreement terms lack any meaningful punitive or deterrent value.

On June 27, 2012, the government charged Jashlie Nicole Camacho with one count of accessory after the fact to burglary, one count of accessory after the fact to theft, and one count of obstruction of justice.

The accessory charges have a combined maximum penalty for not more than seven and half years and a maximum fine of not more than $7,500. The obstruction of justice has a maximum penalty of imprisonment for not more than one year and a maximum fine of $1,000.

Jashlie Nicole Camacho and counsel Michael Ernest signed a plea agreement with the government represented by assistant attorney general Chemere K. McField.

The plea deal proposes a sentence of six months, all suspended except for one day. The agreement also proposes a credit for one day that the defendant already served in jail and one year probation.

The proposed plea deal also recommended a requirement for the defendant to serve 50 hours of community service, and upon completion of probation he record shall be expunged or wiped clean.

The change of plea hearing was held last Wednesday.

In the written order issued yesterday, Judge Camacho said should he accept the plea agreement, the defendant will not spend a single day in jail beyond the day she already served, unless her probation is revoked.

The judge said should he accept the plea deal, upon successful completion of probation, Jashlie Nicole Camacho's record will be wiped clean as if she never committed a crime.

“By contrast, if the current charges proceed to trial, defendant is facing a potential consecutive sentence of eight and one half years,” he said.

On June 12, 2012, police served the arrest warrant in Gualo Rai to Jashlie Nicole Camacho, for accessory after the fact to the burglary and theft.

Hickeys on defendant's neck reportedly provided clue to the detectives that she has knowledge on the whereabouts of her boyfriend, Derik C. Reyes, who was then hunted by police in connection with the burglary at the U.S. Army Reserve Center's troop store in Puerto Rico, Saipan.

The U.S. Army Reserve Center's Army Air Force Exchange Store, also known as troop store, was burglarized on May 30, 2012 and the suspect later identified as Reyes was caught on surveillance camera committing the crime.

Reported stolen were a 32-inch Panasonic LCD flat screen TV, two HP 201 monitors, and two Bose sound dock portable systems, all estimated to cost over $1,500.

Reyes recently pleaded guilty to burglary and theft and was subsequently sentenced to two years in prison. He was given credit for 75 days he already served in jail.

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